Document Type
Article
Publication Date
Winter 2014
ISSN
1542-2763
Publisher
DePaul University College of Law
Language
en-US
Abstract
A foreign manufacturer sells a product to an American distributor in State A, who then resells the product to an American consumer in State B. The consumer is injured by the product and attempts to sue the foreign manufacturer in State B. Can State B exercise personal jurisdiction over the manufacturer? This deceptively simple and seemingly common question, and related questions involving the socalled "stream of commerce," has fractured the United States Supreme Court for over twenty years, leaving consumers, manufacturers, and distributors unsure of their rights and potential liabilities. This Article focuses on a recent missed opportunity the Court had to solve that problem and why two Justices erred in declining to do so.
Recommended Citation
Cody Jacobs,
A Fork in the Stream: The Unjustified Failure of the Concurrence in J. McIntyre Machinery Ltd. v. Nicastro to Clarify the Stream of Commerce Doctrine
,
12
DePaul Business & Commercial Law Journal
171
(2014).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/650
Please note the file available on SSRN may not be the final published version of this work.
